Loading...
HomeMy WebLinkAboutMinutes BZA 07-22-96CARMEL /CLAY BOARD OF ZONING APPEALS JULY 22, 1996 The meeting was called to order by the President in Council Chambers, One Civic Square, Carmel, Indiana at approximately 7:00 PM with the Pledge of Allegiance. Members present were as follows: Mary Ann Burke; Richard J. Klar; Alan Klineman; Earlene Plavchak; and Charles Weinkauf A quorum was declared. Also present was Mark Monroe representing the Department of Community Services and John Molitor, Outside Counsel for the City of Carmel. The minutes of the June meeting were approved as submitted. H. PUBLIC HEARING: lh. Carmel/Clay School Corporation (SU- 38 -96) Petitioner seeks Special Use approval to construct 18 soccer fields. The site is located south of 126th Street and east of Shelborne Road. The site is zoned S -1 /Residential. Filed by Mr. Gary Murray of Paul I. Cripe. 2h. Carmel/Clay School Corporation (V- 39 -96) Petitioner seeks Developmental Standards Variances of Sections 27.3.1 and 27.3.2 to construct parking lots without paving and curbing. The site is located south of 126th Street and east of Shelborne Road. The site is zoned S -1 /Residential. Filed by Mr. Gary Murray of Paul I. Cripe. NOTE: Board Members Alan Klineman and Dick Klar announced their intention to abstain from discussion and voting on Items lh. and 2h., Carmel/Clay School Corporation. Dave Coots, Coots, Henke & Wheeler, 255 East Carmel Drive, appeared before the Board representing the combined efforts of the Carmel/Clay School Corporation, Carmel Dad's Club, and Carmel Youth Soccer Association. Also in attendance were: Dr. Steve Teagarden, Superintendent of Carmel/Clay Schools; Ned Melchae, Property Manager of Carmel/Clay Schools; Frank Dixon, Soccer Coach for the high school; Jim Rochford and Steve Henke, Carmel Dad's Club; and Sarah Cantwell, CYSA President. Mike Comparato and Gary Murray of Paul I. Cripe Engineering were also present. The existing soccer facility at Spring Mill Road and 116th Street is requested to be moved to the current site south of 126th Street and east of Shelborne Road. The proposed facility will contain 18 1 fields. Because of current, on -going meetings with adjacent property owners and the Hamilton County Commissioners regarding roadway improvements, traffic issues, etc., the petitioner is requesting that the public hearing be opened this evening with the presentation, and that Docket Numbers SU -38 -96 and V -39 -96 be continued 30 days (August meeting) while the public hearing remains open; this would alleviate the necessity of re- noticing. Charles Weinkauf moved to allow formal presentation of Docket Numbers SU -38 -96 and V- 39 -96, seconded by Mary Ann Burke; MOTION PASSED 3 -0. A site plan of the proposed project was displayed; area for future school development is on the west side of the property along Shelborne Road. The proposed Special Use is for the construction and development of 12 soccer fields, plus 6 additional fields to be added at a future date (18 total fields). The parking facility ( one on the east side and one on the west side of the Brindle legal drain) accesses from 126th Street, and will consist of 506 on -site spaces in graveled areas and an additional 200 spaces in grass areas. The County Highway has requested, and the petitioner has agreed, to construct accel/ldecel lanes conforming to County standards at each entrance: 100 foot accel; 150 foot decel lanes at each entrance. The County also requested that the petitioner make improvements to 126th Street in the form of cleaning the roadside ditches and swales on each side and adding an additional three feet of berm to the existing paved portion of the roadway which is 17 feet in width. The petitioner will also construct guard rails on each side of the culvert that allows the legal drain to flow through the subject property. The School has also agreed to the dedication of a 40 foot right -of -way along 126th Street and a 45 foot right -of -way along Shelborne Road for purposes of future road widening or construction. If and when the School determines to use the property for construction of a future school, the County has reserved access points and road improvements to be done at that time. The petitioner has also agreed to the dedication of a 15 foot drainage and utility easement along Shelborne and along 126th Street. Initial drawings submitted to the Department indicated a passing blister on the north side of 126th Street; this was deemed impractical and not necessary at this juncture for the use, since most of the traffic will be coming from the east to the site, and because there is insufficient right -of -way on the north side of 126th Street for the construction of a passing blister. The Hamilton County Highway Department and Hamilton County Commissioners have unanimously approved the proposal for roadway improvements submitted to them by the petitioner. Mr. Coots stated that there are three primary open items: 1) A landscape plan to the east and north of the subject parcel is to be submitted which will provide a buffer to adjacent property and will include mounding; 2) Fencing along the east side; and 3) Lighting in the parking areas for security only. There will be on -site trash collection in enclosed containers with lids. The dumpsters will be built on a pad, enclosed by fencing, and removed weekly. The site will not have a permanently constructed 2 facility for restroom use; the use of portable facilities will be employed. At present, the area is not serviced by sewers. The current soccer facility on Spring Mill will be unavailable after the Spring season of 1997. The Variance for paving and curbing the parking lot is requested due to the temporary nature of use. Members of the public were invited to speak in favor of the proposed project; the following appeared: Bruce Bittner, Noblesville attorney, spoke not necessarily in favor or opposition to the proposed project; however, Mr. Bittner represented area neighbors/homeowners and reserved comments for the hearing in August. Members of the public were invited to speak in opposition to the proposed project; none appeared. The public hearing will remain open until the August meeting. Mark Monroe reported the Department's recommendations: any further plans developed on the property are to be presented to the Department, specifically the landscape plan, fencing, lighting, etc. Also, replacements will be sought for Board members who will be abstaining from discussion and voting at the August meeting. Charles Weinkauf moved to CONTINUE Docket Nos. SU -38 -96 and V- 39 -96, Carmel/Clay School Corporation to the August meeting, seconded by Mary Ann Burke. MOTION APPROVED 3 -0. 3h. Oldham Variance (V- 40 -96) Petitioner seeks a variance of Section 6.4.5 of the Carmel/Clay Zoning Ordinance to reduce the required minimum rear yard setback for an existing house from 20 feet to 13.5 feet. The site is located at 1218 Bentley Way. The site is zoned S -2 /Residential. Filed by Mr. Dave Coots of Coots Henke and Wheeler. Dave Coots, 255 East Carmel Drive, Carmel, appeared before the Board representing Bob and Pat Oldham who were also present. The plat for the subject property shows a 20 foot rear building setback line and landscape easement across the north side of the property. As a condition of the purchase of the home by the Oldhams from Weiper Enterprises, a screened porch was constructed to the north side of the house which encroaches into the 20 foot rear building setback line; thus the reason for the variance request to permit the porch to exist. The porch was constructed without a permit. At the time of construction, the house was moved back to the rear building setback line to allow for the curvature of Bentley Way entering off 136th Street. Mr. Coots provided photographs of the porch showing its location in relationship to the planting area as a part of the boulevard entry off 136th Street and a six foot shadow box fence. 3 It was Mr. Coots' opinion that the granting of the variance would not constitute an injury to the public health, safety, morals or general welfare of the community. As to public health, it does not affect drainage, traffic, etc. because it is in an enclosed back yard. As to the safety factor, it does not block line of sight, it does not affect vision of motorists since it is totally outside the area of 136th Street traffic. There is also no negative impact on the morals or general welfare of the community, and the use of adjacent properties is not adversely by the granting of the developmental standards variance. Mr. Coots referred to a letter from a neighbor to the immediate west, Mrs. Sole, stating that she was in favor of granting the variance and that the encroachment has no effect on the use or value of her property. Mr. Coots stated that home sales in the area have not been negatively impacted due to the construction of the screened porch. The initial cost of the porch and adjacent deck was approximately $7,500.00; to remove same would cost an additional $3,000.00 and it is believed that the economics supports the practical difficulty in the owners being able to use the property as requested of the board. It was Mr. Coots' opinion that the construction of the porch does not affect anyone's line of sight, since the rear yard is totally enclosed by a fence and the house is the farthest to the east end on the north side of the street. The practical difficulty of relocating the screened porch exiting the home is supportive of the request. Members of the public were invited to speak in support of the proposed variance; the following appeared: Charles DeMaio, 1211 Bentley Way, Carmel, spoke for residents of the Bentley Oaks Subdivision in favor of the variance, stating that the screened porch and deck enhance the value of the neighborhood and is a welcome addition to the Oldham residence. The residents support the requested variance. Members of the public were invited to speak in opposition to the variance; no one appeared and the public hearing was closed. Mark Monroe spoke for the Department which recommended denial of the variance; the home and room addition should have been constructed within the required setback. Alan Klineman asked about the discovery of the encroachment. Mr. Coots responded that Mrs. Oldham had questioned the Department regarding the location of a sump in a crawl space and whether or not it should be connected to a positive storm drain; the existence of the screened porch, lack of a building permit, and encroachment came up at that time. Rex Weiper, builder, 11179 Westminster Court, Carmel, appeared before the Board and explained that the home had been constructed at least one year prior to the Oldhams' submitting a purchase agreement, and that the screened porch was a condition of the purchase agreement. Mr. Weiper stated that the absence of a building permit was an honest error and there had been no intent to ignore the rules and regulations. Mr. Weinkauf commented that historically, the Board has taken a strong stand on situations where permits were not applied for properly, and Mr. Weinkauf was in hopes that the message was going 4 out to the builders and developers in the Carmel area. Ignoring the process would not be tolerated. Alan Klineman voiced sympathy towards "economic waste" to require the removal of the porch in a home that is obviously well maintained and enjoyed by the homeowner. Mr. Klineman felt that the homeowner had legitimate cause and it was not their error but an honest error on the part of the builder. Mr. Klineman also agreed that word should go out to the builders /developers that the Board was not a pushover. Alan Klineman moved for approval of Docket No. V- 40 -96, seconded by Dick Klar. The vote was two for approval, Mary Ann Burke, Dick Klar and Earlene Plavchak opposed, MOTION DENIED. 4h. Thomson Consumer Electronics (V- 41 -96) Petitioner seeks variances of Section 25.12 of the Carmel/Clay Zoning Ordinance to keep an existing satellite dish. The site is located west of the intersection of 103rd Street and Meridian Street, on the west side of Superior Street. The site is zoned B -1 /Business. Filed by Mr Charlie Frankenberger of Nelson and Frankenberger. Charlie Frankenberger, 4983 St. Charles Place, Carmel appeared before the Board representing the applicant. Request is being sought for a variance to permanently install a satellite dish. Also in attendance was Mark Dohr of Thomson Consumer Electronics and Larry Kemper of Nelson and Frankenberger. The installation of the satellite dish required Architectural Design, Lighting, Landscaping and Signage approval from the Carmel/Clay Plan Commission; permission was granted at its meeting of June 18. Mr. Frankenberger displayed an aerial photograph of the site with surrounding boundaries highlighted. The dish has been temporarily installed, tucked into a corner of the technical center of Thomson's corporate campus. One of Thompson's recent innovations is the Galaxy Latin America system which consists of a small satellite dish which would be distributed and marketed to Latin American countries. The Galaxy Latin America system is essentially the Latin America counterpart of the United States Digital Satellite System. The larger satellite dish, the subject of the request, is necessary in order to perfect and develop the smaller dish; consequently a variance has been requested from the satellite dish ordinance regarding height, location, and screening of the ordinance. The satellite dish ordinance was originally designed and intended to limit and regulate satellite dishes in residential areas. The satellite dish will be screened by a canopy tree, evergreens, and a concrete retainage wall. An existing row of hedges will be removed and mounted on top of the retainage wall so that the height from the base of the wall to the top of the hedges will be approximately 7 to 8 feet. The variance is being requested so that the Galaxy Latin America System can be tested and perfected. Members of the public were invited to speak in favor or opposition to the proposed project; none appeared and the public hearing was closed. 5 Mark Monroe reported that the Department is recommending approval as resubmitted. It is felt that the dish is adequately and appropriately screened from passersby and that it will not be an intrusion for those persons living and working in the area. In addition, the petitioner has received approval of the Plan Commission for ADLS in June. Earlene Plavchak asked about the installation of the dish prior to formal approval being granted; Mr. Frankenberger explained that Thomson had the exclusive right to market and develop Galaxy Latin America System in Latin American countries for a period of one year only; while the research and development was on a critical path, certain unexpected, unavoidable contingencies arose- -the satellite dish was not temporarily installed in disregard of and without concern for the ordinance. Once Thomson became aware of the urgency, it conferred with the Department of Community Services and notified them of the necessity to temporarily install the dish. Mr. Frankenberger emphasized the word "temporary;" if approval is not forthcoming, Thomson is prepared to relocate the dish and Galaxy Latin America System. The dish was originally temporarily installed mid -March and the application was filed May 1. Earlene Plavchak asked whether or not the dish would be removed when the research was completed; Mark Dohr of Thomson Consumer was not able to answer the question. Mr. Frankenberger commented that high tech is what a company like Thomson is all about, and without it, they cannot survive and develop their products. Charles Weinkauf moved for the approval of Docket No. V- 41 -96, Thomson Consumer Electronics, seconded by Dick Klar. The vote was five in favor, none opposed, MOTION APPROVED. 5h. Plum Creek Clubhouse (SU- 42 -96) Petitioner seeks special use approval to construct a golf course clubhouse within a residential district. The site is located within the Plum Creek Subdivision (122nd Street and River Road). The site is zoned S -1 /Residential (cluster.) Filed by Mr. Jeff Thompson of Plum Creek Development. Corby Thompson of Plum Creek Golf Course LLC, 11911 Lakeside Drive, Fishers appeared before the Board as well as Jeff Thompson, project manager, and Cort Crosby of Schneider Engineering. Mr. Thompson gave a brief history of the Plum Creek Development project which is a 530 acre planned development community on the far east side of Clay Township; its boundaries are 122nd Street to the south, just north of 131st Street to the north, River Road to the east, and Gray Road to the west. There are 207 acres reserved for the golf course and 640 residential lots divided into five separate neighborhoods. The community center and driving range are at the southeast portion of the project adjacent to Plum Creek Village. 6 The Lynnwood at Plum Creek consists of 54 lots on 54 acres. The clubhouse is located adjacent to the Lynnwood at Plum Creek project and consists of a parking lot and practice green and is approximately 4 1/2 acres in size. Members of the public were invited to speak in favor or opposition to the proposed project; none appeared and the public hearing was closed. Mark Monroe reported that the Department had recommended approval pending resolution of certain Technical Advisory Comments; those comments have now been addressed and the Department recommends approval as resubmitted. Dick Klar moved for the approval of Plum Creek Clubhouse (SU- 42 -96), seconded by Charles Weinkauf The vote was five in favor, none opposed, MOTION APPROVED. Note: Items 6h., 7h., and 8h. were heard together but voted on separately. 6h. Plum Creek Community Center (SU- 44 -96) Petitioner seeks special use approval to construct a private recreational facility within a residential district. The site is located within the Plum Creek Subdivision (122nd Street and River Road.) The site is zoned S -1 /Residential (cluster.) Filed by Mr. Jeff Thompson of Plum Creek Development. 7h. Plum Creek Community Center (V- 45 -96) Petitioner seeks a variance of section 2.4 of the Carmel/Clay Zoning Ordinance to allow more than one principal structure used for residential purposes on an unplatted lot, and to allow buildings not to have adequate frontage on a public street. The site is located within the Plum Creek Subdivision (122nd Street and River Road.) The site is zoned S- 1/Residential (cluster.) Filed by Mr. Jeff Thompson of Plum Creek Development. 8h. Plum Creek Community Center (V- 46 -96) Petitioner seeks a variance of Section 5.4.1 of the Carmel/Clay Zoning Ordinance to allow an existing building to exceed the allowable height by 25 feet. The site is located within the Plum Creek Subdivision (122nd Street and River Road.) The site is zoned S -1 /Residential (cluster.) Filed by Mr. Jeff Thompson of Plum Creek Development. In relation to the community center, Corby Thompson stated that its location is at the southeast portion of the project between 126th and 122nd Street. There will be an eight foot bike path which will run along 122nd Street, up River Road and across 126th which will tie the community center to the existing roads so that the residents of Plum Creek will be able to access the community center, pool and tennis courts. The community center is approximately seven acres. There is an existing barn on the property which 7 will be restored and will contain the bathhouse for the pool; the balance of the barn will be used for maintenance equipment for the golf course, and storage - -at a future date, it may be utilized as a fitness center. The existing farm office will be maintained as the golf course offices. The two existing homes on the property will be relocated and utilized as greenskeeper /superintendent residence and /or golf course, safety related personnel. Members of the public were invited to speak in favor or opposition to the project; none appeared and the public hearing was closed. Mark Monroe reported for the Department that concerns of the Technical Advisory Committee have been addressed and the Department recommends approval as resubmitted. Mr. Weinkauf expressed concern concerning the proposed refurbishing of the existing homes and the apparent lack of detailed plans. Corby Thompson responded that the proposed refurnishing would involve the issuance of building permits and the proposal would be looked at again at that time. Dick Klar moved for approval of: DOCKET No. SU- 44 -96, Plum Creek Community Center, seconded by Alan Klineman; Docket No. V- 45 -96, Plum Creek Community Center, seconded by Alan Klineman; and Docket No. V- 46 -96, Plum Creek Community Center, seconded by Alan Klineman. The vote was five in favor, none opposed, MOTION APPROVED. 9h. Plum Creek Golf Course (SU- 43 -96) Petitioner seeks special use approval to construct a driving range and accessory buildings for the Plum Creek Golf Course. The site is located within the Plum Creek Subdivision (122nd Street and River Road.) The site is zoned S -1 /Residential (cluster.) Filed by Mr. Jeff Thompson of Plum Creek Development. Corby Thompson appeared before the Board on behalf of Plum Creek Development requesting special use approval for a driving range and accessory buildings for the golf course. An existing barn will be refurbished and used as an accessory building to house golf course maintenance equipment. A separate facility will accommodate range ball distribution. The tee area of the range will be entirely open, and there will be no lights. Members of the public were invited to speak in favor or opposition to the proposed project; the following appeared: Virginia Zeller, 6225 East 122nd Street, Carmel, spoke neither for or against but asked how the roads would be reconfigured. Corby Thompson responded that Plum Creek is in the process of submitting secondary plat plans for Plum Creek Village Section II; at that time, Lynnwood Avenue will be reconfigured and become Medalist Parkway where it meets 122nd Street. The 122nd Street curve will be softened and 8 Medalist Parkway will "T" into 122nd Street; there will be a stop sign at Medalist Parkway. Arthur Pursel, 12190 River Avenue, Carmel asked about the stop sign; Corby Thompson responded that at present, the stop would be for motorists coming out of Medalist Parkway from north to south; the curve would be a non -stop. Mr. Pursel was also concerned about the direction of golf balls being driven; Mr. Pursel's residence not in harm's way. Dick Klar moved for approval of Docket No. SU- 43 -96, Plum Creek Golf Course, seconded by Alan Klineman. The vote was five in favor, none opposed, MOTION APPROVED. There being no further business to come before the Board, the meeting was adjourned at 9:20 PM. Ramona Hancock, Secretary Earlene Plavchak, President 9